FOR FCC RECORD ONLY
$//Time Warner Cable of Central, Florida, MO&O, DA-95-286//$
$/76.922 Rates for Cable Programming Service tier/$
$/benchmark cable rates/$
Before the
Federal Communications Commission
Washington, D.C.
DA 95-286
In the Matter of )
)
Cablevision of Central Florida, ) CUID Nos. FL0843 and FL0026
A Division of Time Warner Cable )
Lecanto, Florida System )
)
)
Benchmark Filings To Support )
Cable Programming Service Price )
Memorandum Opinion and Order
Adopted: February 21, 1995 Released: February 23, 1995
By the Deputy Chief, Cable Services Bureau:
Introduction
1. Here we consider complaints about the price Time Warner Cable ("Time
Warner") was charging for its cable programming service ("CPS") tier in the communities
designated by CUID No. FL0843 and its predecessors and CUID No. FL0026, served
through Time Warner's Lecanto, Florida, system. Time Warner has chosen to attempt to
justify its price through benchmark showings on FCC Form 393. This Order addresses the
reasonableness of Time Warner's price only through May 14, 1994. At a later date we will
issue a separate order addressing the reasonableness of the price after that date.
2. Under the Cable Television Consumer Protection and Competition Act of 1992,
and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review
CPS prices upon the filing of a valid complaint. The filing of a valid complaint triggers an
obligation on behalf of the cable operator to file a justification of its CPS prices. Under our
rules, an operator may attempt to justify its prices through either a benchmark showing or a
cost-of-service showing. In either case, the operator has the burden of demonstrating that its
CPS prices are not unreasonable.
3. The Commission's original rate regulations took effect on September 1, 1993.
The Commission subsequently revised its rate regulations effective May 15, 1994.
Operators with valid CPS complaints filed against them prior to May 15, 1994 must
demonstrate that their CPS prices were in compliance with the Commission's initial rules
from the time the complaint was filed through May 14, 1994, and that their prices were in
compliance with the revised rules from May 15, 1994 forward. Operators attempting to
justify their prices for the period prior to May 15, 1994 through a benchmark showing must
complete and file FCC Form 393. Generally, to justify their prices for the period
beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form
1200 series.
Procedural Matters
4. The first complete and timely CPS complaint was completed and served on Time
Warner on September 22, 1993 for CUID No. FL0843 and October 12, 1993 for CUID No.
FL0026. The Commission received these complaints on September 28, 1993, and October
18, 1993, respectively.
5. Time Warner attempted to justify its CPS price through an FCC Form 393 filed
on November 16, 1993 in response to the first complete and timely complaint. It
subsequently filed substantially identical Form 393s in response to other complaints. Time
Warner amended its justification on June 23, 1994 in response to a Cable Services Bureau
Order citing common deficiencies observed in benchmark filings generally.
Discussion
6. Time Warner asserts that its monthly CPS tier price of $10.64 per subscriber is
justified by its benchmark filings because its price is less than the maximum permitted charge
of $10.77 as calculated in the filings. Upon review of Time Warner's Form 393, we have
found no apparent errors that would result in Time Warner's CPS tier price exceeding its
maximum permitted price.
Conclusions
7. Upon review of the record herein, we conclude that Time Warner's showing
supports a CPS tier price of $10.64 per month (plus franchise fee) for the period of
September 28, 1993 to May 14, 1994.
8. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R. 0.321, that the September 22, 1993 complaint against the cable
programming service price charged by Time Warner Cable in the Lecanto, Florida system
for CUID No. FL0843 and its predecessors, and the October 12, 1993 complaint against the
cable programming service price charged by Time Warner Cable in Crystal River, Florida,
CUID NO. FL0026, and all other complaints in these franchise areas relating to the same
price, ARE DENIED TO THE EXTENT INDICATED HEREIN.
9. IT IS FURTHER ORDERED that the benchmark filing submitted by Time
Warner Cable with respect to CUID Nos. FL0843 and FL0026 and their predecessors for the
period of September 28, 1993 to May 14, 1994, justifies a price of $10.64 per month (plus
franchise fee) for Time Warner Cable's cable programming service tier.
FEDERAL COMMUNICATIONS COMMISSION
Gregory J. Vogt
Deputy Chief, Cable Services Bureau